36C25525Q0499_1.docx

36C25525Q0499

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

08-18-2025 Ferguson, Laura | Laura.Ferguson@va.gov 913.758.9924 08-25-2025 16:30

CDT

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

X

541330 $25.5 Million Net 30 Days

N/A

SEE SCHEDULE FOR DETAILS

36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway

Leavenworth KS 66048

36C255 Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX 877-353-9791 512-460-5429

See CONTINUATION Page This solicitation for FOR DEVELOPMENT OF LOCKOUT/TAGOUT

(LOTO) PROCEDURES KANSAS CITY VA MEDICAL CENTER.

The Government intends to award a Firm Fixed Price Indefinite Delivery, Indefinite Quantity (IDIQ) contract with five (5) one year, twelve (12) month ordering periods.

Please see Section E for detailed instructions for proposal submission. See Section E for Evaluation process.

Applicable Wage Determination is attached.

See CONTINUATION Page

1(ONE)

Ferguson, Laura

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(a). CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

(b). CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

(c). INVOICES: Invoices shall be submitted in arrears:

(d). GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs Financial Services Center http://www.fsc.va.gov/einvoice.asp Austin TX

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

(e). REFERENCE NUMBERS: Please reference both the Order number (to be assigned) and the Obligation Number (to be assigned) on all correspondence and invoices. If contract option years are exercised, new obligation numbers will be issued and identified on the contract modification document.

(f). AUTHORIZATIONS:

(1). The Contracting Officer (CO) named in Section (a) above is responsible for the overall administration of this contract. Only the CO has the authority to make changes which affect:

(A). Contract prices, (B). Quality, (C). Quantities, or (D). Delivery terms and conditions.

(g). CONTRACT TIME PERIOD:

(1). TBD.

Page 1 of Page 1 of

B.2 STATEMENT OF WORK

FOR DEVELOPMENT OF LOCKOUT/TAGOUT (LOTO) PROCEDURES KANSAS CITY VA MEDICAL CENTER

A. BACKGROUND

1. A national response to multiple Occupational Safety and Health Administration (OSHA) citations is in effect for the entire The Department of Veterans Affairs (VA) system. The VA is striving to improve compliance with 29 CFR 1910.147 (OSHA’s Control of Hazardous Energy (Lockout/Tagout) Standard) and internal Veteran’s Health Administration (VHA) Directive 1028 (Facility Electric Power Systems). This situation affects Kansas City VA system, where the organization must revise their hazardous energy control program to be compliant with the guidance specified above. This programmatic update is urgently required to prevent staff workplace injury, eliminate risks of death, and immediately comply with applicable federal, industry, and VHA requirements.

B. SCOPE OF WORK

1. Contractor shall provide to the Kansas City VA Medical Center (KCVAMC) an on-site field survey consisting of identifying and creating an inventory of all equipment subject to hazardous energy control procedures as determined by 29 CFR 1910.147, 29 CFR 1910 Subpart S (OSHA’s Electrical standards), VHA Directive 1028, and KCVAMC guidelines.

a. Survey shall be used by certified LOTO engineers and field technicians experienced and knowledgeable of hazardous energy control processes as well as electrical, mechanical, hydraulic, pneumatic, and thermal equipment.

2. Contractor shall execute the development, authoring, and installation of energy control procedures, complete with visual references, for approximately 399 pieces of equipment provided equipment list.

3. Services shall be executed throughout all KCVAMC buildings at two campus locations (divisions):

Kansas City VA Medical Center 4801 Linwood Blvd. Kansas City, MO 64128

4. Contractor shall author approximately 399 equipment specific Visual/Tagout (LOTO) procedures. All procedures should identify:

a. A specific statement of the intended use of the procedure;

b. Machine or equipment name /description;

c. Machine or equipment identification number; [entry name, EE number]

d. Machine or equipment location; (i.e. Building, room number, area name or physical description);

e. Department name / Shop;

f. All actual and potential energy hazards as defined by 29 CFR 1910.147, 29 CFR 1910 Subpart S, and industry consensus guidelines, to include but not limited to, The American National Standards Institute (ANSI);

g. Energy Type(s) and Magnitude (e.g. 480 Volts, 100 PSI etc.);

h. Energy Source(s) Location(s)

i. Specific procedural steps for shutting down, isolating, blocking and securing the machine/equipment to control the actual or potential hazardous energy;

j. Specific procedural steps for the placement, removal, and transfer of lockout or tagout devices and/or other energy control measures;

k. Specific procedural steps for relieving any stored or otherwise potential energy within the equipment;

l. Specific requirements for testing the machine/equipment to determine and verify the effectiveness of lockout devices, tag out devices, and/or other energy control measures;

m. Specific procedural steps for re-energizing equipment, which includes but is not limited to, inspecting the de-energized work area, removing lockout devices, tag out devices, and/or other energy control measures, and restoring energy to the de-energized machine/equipment, and;

n. Photos of applicable equipment items, including photos of hazardous energy control points specific to each individual procedure.

5. Contractor shall submit the authored energy control procedures to the Contracting Officer’s Representative (COR) or authorized designee to be reviewed and approved by KCVAMC subject matter experts (SMEs). Any required changes shall be made as required at no additional cost to KCVAMC prior to release for printing and installation.

6. Contractor shall print KCVAMC approved energy control procedure plaques onto UV-resistant stock, durably laminate (14mil), and securely mount onto machinery or placed in a binder for outside equipment.

7. Contractor shall provide all energy source tags for Visual LOTO Procedure step and install onto the corresponding energy isolation points identified.

8. Contractor shall provide LOTO and Confined Space procedure barcoding or QR tags linkable to software for each inventoried equipment or machine.

9. Contractor shall provide software subscription service for an automated management system designed for and capable of:

a. Cloud-based application designed for the purpose of formatting, writing, and maintaining Visual Lock-Out/Tag-Out (LOTO), Confined Space, and General Maintenance procedures.

b. Electronically tracking and conducting annual audit of Visual LOTO procedures and energy source tags as required by OSHA 1910.147.

c. Capabilities for linking Confined Space procedures and required permit documents with associated equipment specific Visual LOTO procedures as required by OSHA 1910.146.

d. Allowing access to iPad, iPhone, and Android Applications linking to Visual Lock-Out/Tag-Out (LOTO), Confined Space, and General Maintenance procedures.

e. Allowing software access to unlimited concurrent users.

f. Allowing unrestricted LOTO, Confined Space, and General Maintenance document cloud storage space.

10. Contractor shall develop and provide a labeling system (tags) to identify all energy sources required for each equipment item’s hazardous energy control and install onto the corresponding energy isolation points identified.

11. Contractor shall provide software configuration and program set-up services for approximately 399 pieces of equipment.

12. Contractor shall provide five (5) training sessions to accommodate twelve (12) LOTO program administrators and general users on software application services.

13. Contractor shall provide technical support and assistance for all components of the developed energy control procedures and software application.

14. Contractor shall provide Project Desk Binder(s) with digital copies of:

a. Equipment List.

b. Recommended Lockout Device List.

c. Inaccessible Tag List.

d. Non-laminated written hazardous energy control procedures by project location.

15. The period of performance for this service contract is 180 days.

16. This is a firm, fixed price, full-service contract to include all parts, program software, on-site technicians, procedure, and energy source tag installations. All OSHA, VHA Directives with Safety and Infection Control standards are to be adhered to prior to starting any work.

C. DELIVERABLES

1. Provide an equipment inventory for all equipment subject to energy control procedures as determined by 29 CFR 1910.147, 29 CFR 1910 Subpart S, and other industry guidance as applicable following the completion of site surveys.

2. Provide approximately 399 authored written energy control procedures for inventoried equipment per division.

3. Provide approximately 399 printed, laminated, and installed equipment-specific energy control procedures onto the corresponding equipment (approved procedures) per division.

4. Provide printed, laminated, and installed energy source tags for hazardous energy control procedure steps for all corresponding energy isolation points identified by authored procedures.

5. Provide (Project, BUILDING, DEPARTMENT) Desk Binder(s).

6. Provide digital copies of equipment list, recommended lockout device, list inaccessible tag list, visual lockout procedures, with Project Desk Binder.

D. GENERAL PERFORMANCE REQUIREMENTS

1. The Contractor shall instruct personnel that work performed under this contract, shall comply with the following procedures:

a. Upon arrival at the station, the Contractor shall check in with COR or designee(s) so that the KCVAMC will always be aware of the Contractor’s presence at the facility.

b. Contractor’s work may occur at both campuses concurrently. Notification must be made in writing to COR in advance for approval of any scheduling changes.

2. All travel costs associated with the performance of this contract are the responsibility of the Contractor and are provided at no additional cost to the Government as part of this contract. Travel costs are defined as, but are not limited to, time and vehicle costs for personnel in travel to and from job site for all duties outlined in this specification.

3. UNIFORMS

a. The Contractor shall require all employees, including supervisors, to wear distinctive uniform clothing for ready identification, and assure that every employee is always in uniform while working at KCVAMC. The uniform shall have the Contractor’s name, easily identifiable, affixed thereon in a permanent manner such as a badge or monograms.

b. The Contractor shall wear the Government provided ID BADGE “PIV” Identification Card or otherwise be escorted by a designed VHASTLHCS representative at all times.

4. SAFETY

a. The Contractor shall adhere to all OSHA, NFPA Life Safety Codes, and all other regulatory requirements.

b. In performance of this contract, the Contractor shall follow KCVAMC safety policies and standards for safe work practices and implement such safety precautions as the Safety Officer or their designee(s) may determine to be reasonably necessary to protect the lives and health of occupants of the building.

c. KCVAMC is a non-smoking facility. Contractor shall comply with this requirement.

d. Patient, employee, visitors, and Contractor personnel safety shall always be maintained . The Contractor is responsible for the occupational safety and health of his/her employees. The Contractor shall comply with all applicable OSHA safety and health standards. The Contractor shall submit to the Contracting Officer, prior to the start of the contract, the Safety Data Sheets (SDS) for all potentially hazardous materials (lubricants, cleaners, working fluids, etc.) to be used in the facility in performance of the contract, and will not use, in the facility, such materials which have not been so cleared in advance with the KCVAMC. SDS for new chemicals shall be furnished concurrently with arrival of the chemical on site. The Contractor shall maintain a copy of all SDS at the chemical storage site in a location accessible to KCVAMC personnel to assure compliance with all laws and requirements regarding the “Right to Know” law.

e. The Contractor is responsible to identify, provide and maintain all personal protective equipment required to perform the duties outlined in the contract. In addition, the Contractor is responsible for identifying and providing all applicable safety programs (i.e. lockout/tag out, confined space entry, universal precautions, etc.) required performing the work. Training on required safety programs and the proper use of PPE’s shall be provided, and documentation maintained by the Contractor.

f. The Contractor shall be notified of any non-compliance with the previous provisions. The Contractor shall, after receipt of such notice, immediately correct the condition and notify the contracting officer in writing that the condition has been corrected. If, in the opinion of the Safety Officer or designee(s) the condition is life threatening he/she shall instruct the Contractor to stop work until the condition has been corrected. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue and order halting of all or any part of the work, and Contractor may be held in default. The Contractor bears all costs of stop work time and correcting safety hazards.

g. The Contractor shall provide after award of this contract but before notice to proceed, a detailed listing of the following information:

i. Safety program/procedures are required to be followed by the Contractor’s personnel in the performance of their duties and when such procedures are required.

ii. Listing of personal protective equipment(s) required to be utilized by the Contractor’s personnel in the performance of their duties. Also, when equipment will be required. iii. Safety Data Sheet (SDS’s) for any chemical(s) utilized by the Contractor in the performance of this contract. iv. Contractor is responsible for the supervision of all the employees while on government property. It is the Contractor’s responsibility to assure compliance with the scope of work and requirements referenced in this contract. Provisions provided in the scope of work are not intended to relieve the Contractor of this responsibility.

5. INJURY and ACCIDENT

a. Contractor shall submit to the COR, a written report to the KCVAMC within five work (5) days of any incident of a major malfunction, accident, or injury. The report shall state the cause, what and when repairs and tests were or are to be made to correct the cause of the incident.

6. QUALITY CONTROL PROGRAM

a. The Contractor shall establish a complete quality control program to assure the requirements of the contract are provided as specified. At commencement of the contract, shall submit a copy of his program to the COR, for approval. The program shall include, but not be limited to, the following:

b. An inspection system covering all the services described in the contract. A checklist used in inspecting contract performance during regularly scheduled or unscheduled inspections. The name(s) of the individual(s) who will perform the inspection.

c. The checklist shall include every area of the Contractor’s operation as well as every task required to be performed.

7. EMERGENCY TELEPHONE NUMBERS

a. The Contractor shall provide to COR cellular numbers, to summon assistance in case an emergency develops. This information shall be provided in writing to the COR, prior to the contract start date.

8. CONDUCT OF CONTRACTOR’S EMPLOYEES

a. The Contractor shall prohibit their employees from disturbing papers on desks, opening desk drawers or cabinets, or using telephones or office equipment provided for official KCVAMC use.

b. Contractor shall require his employees to comply with the instructions pertaining to conduct and other regulations called to the Contractor’s attention by the CO/COR, Federal Protective Officers, Inspectors, etc.

c. Contractor shall have use of station telephones to make business calls related to KCVAMC’s equipment. Misuse of this privilege will necessitate the need to require the Contractor to use public telephones.

d. The Contractor shall require his employees to comply with all VA rules and regulations pertaining to the conduct of his employees while on station.

e. The Contractor shall ensure that the areas they perform work are kept clean, safe and all equipment and tools belonging to the Contractor are kept secure at all times.

9. HOURS OF WORK

a. Work required in the performance of this contract shall be conducted during the hospital's regular administrative working hours, 8:00 AM 4:30 PM. If work will need to be executed beyond hospital's regular administrative working hours, notification must be made in writing to COR in advance for approval of altered or extended working hours.

10. SECURITY and PRIVACY

a. The COR is responsible for ensuring that all Contractors comply with physical security policies. COR will ensure Contractor gets required security badge. A compliant ID badge must be worn by Contractors at all times while on VA premises.

i. Contractor may not have access to the VA network or any VA sensitive information under this contract.

ii. All Contractors must receive Privacy training annually using one of the following methods:

a) Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS system (https://www.tms.va.gov/). Contractors may use the TMS Managed Self Enrollment method to complete the training in Talent Management System (TMS).

b) Complete the hard copy version of “VA Privacy Trainingfor Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information”.

Signed training documents must be submitted to the COR.

c) Training must be completed prior to the performance of the contract and annually thereafter. Proof of training completion must be verified and tracked by the COR.

11. MEDICAL SURVEILLANCE

a. For Tuberculosis - Review of all contract worker Tuberculosis (TB) screening requirements and options (reference VHA Directive 7715, OSHA 29 CFR 1910.134). Contractor is responsible for:

i. Providing written certification to the COR that all contract employees assigned to the worksite have had pre-placement tuberculin screening within 90 days prior to assignment to the worksite and found to have negative Tb screening reactions. ii.

The contractor will be required to show documentation to the COR for additional workers assigned after the 90-day requirement before they will be allowed to work on the work site.

iii. This testing may be two-step skin testing or IGRA such as the Quantiferon Gold Test.

iv. Contract employees manifesting positive screening reactions to the tuberculin must be examined according to current CDC guidelines prior to working on VHA property.

v. If the worker is found without evidence of active pulmonary TB, a statement documenting examination by a physician must be on file with the employer (construction contractor) noting that the employee with a positive tuberculin screen test is without evidence of active TB.

b. For Influenza - Per VHA Directive 1192, all Contractors working at KCVAMC are required to show documentation of annual seasonal Influenza vaccination. Provide evidence to respective COR.

12. INVOICE and PAYMENT

a. This contract is effective from the effective for a Base Period of one (1) year and four (4) one-year renewal option periods.

i. Ordering Period I: 399 Written Lockout Procedures and eLOTO training [2026-2027]

ii. Ordering Period II eLOTO training and software subscription [2027-2028]

iii. Ordering Period III eLOTO training and software subscription [2028-2029]

iv. Ordering Period IV eLOTO training and software subscription [2029-2030]

v. Ordering Period V eLOTO training and software subscription [2031-2032]

b. Invoice shall delineate work completed at respective campuses to ensure the COR designee can validate progressive performance.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Type 1 Visual Lockout Procedure Contract Period I:

POP Begin:

POP End:

PRINCIPAL NAICS CODE: 541330 - Engineering Services PRODUCT/SERVICE CODE: R410 - Support - Professional: Program Evaluation/Review/Development

Type 2 Visual Lockout Procedures Contract Period I:

POP Begin:

POP End:

Type 1 Visual Lockout Procedure Contract Period II:

POP Begin:

POP End:

Type 2 Visual Lockout Procedures Contract Period II:

POP Begin:

POP End:

Type 1 Visual Lockout Procedure Contract Period III:

POP Begin:

POP End:

Type 2 Visual Lockout Procedures Contract Period III:

POP Begin:

POP End:

Type 1 Visual Lockout Procedure Contract Period IV:

POP Begin:

POP End:

Type 2 Visual Lockout Procedures Contract Period IV:

POP Begin:

POP End:

Type 1 Visual Lockout Procedure Contract Period V:

POP Begin:

POP End:

Type 2 Visual Lockout Procedures Contract Period V:

POP Begin:

POP End:

VA HANDBOOK 6500.6 APPENDIX C

MARCH 12, 2010

MARCH 12, 2010

VA HANDBOOK 6500.6

APPENDIX C

C-10

C-19

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

(End of Clause)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause) C.5 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. for the Department of Veterans Affairs, ‘‘Service-disabled Veteran-owned small business concern or SDVOSB’’:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.201, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term ‘‘Service-disabled Veteran’’ means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term ‘‘small business concern’’ has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term ‘‘small business concern owned and controlled by Veterans with service-connected disabilities’’ has the meaning given the term ‘‘small business concern owned and controlled by service-disabled veterans’’ under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term “SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multipleaward contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or ‘‘similarly situated’’ (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required LOS certification requirements in this solicitation (see 852.219–75 or 852.219–76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and…